Testimony Ends in Juveniles in Jail Case Against Sheriff's Office

Decision could be months away in federal lawsuit

Published: Thursday, December 19, 2013 at 6:39 p.m.

Last Modified: Thursday, December 19, 2013 at 6:39 p.m.

LAKELAND | Lawyers have finished questioning witnesses in a federal lawsuit over Polk County Sheriff Grady Judd's housing of juvenile prisoners, but a final ruling in the case is still months away.

U.S. District Judge Steven Merryday heard testimony for five weeks in Tampa as lawyers argued their cases in a class-action lawsuit accusing Judd and Corizon, a health-care provider, of keeping juveniles in unconstitutionally harsh conditions at the Polk County Jail.

The Southern Poverty Law Center, a nonprofit civil rights group that filed the suit in March 2012, alleges the conditions involve several factors, including a misuse of pepper spray, poor supervision and inadequate mental health treatment.

The sheriff's lawyers have argued the issues aren't constitutional, that serious injuries are rare for the county's juvenile detainees, and that guards use pepper spray infrequently and properly.

Lawyers wrapped up Wednesday night, and Merryday set a timetable for written arguments that extends into the spring, possibly as late as April. Merryday is expected to issue a lengthy, complex ruling given the number of claims made by Southern Poverty.

The nonprofit advocacy group filed the lawsuit after Judd took over housing young defendants once held in a Florida Department of Juvenile Justice detention center in Bartow. The juveniles moved into a wing of the county jail in October 2011, and the state has since closed its former center.

The sheriff advocated for a law change that allowed him to more easily move young defendants into the Polk County Jail because he said it would be less expensive than paying the state to handle the task.

Sheriff's spokesman Scott Wilder said Thursday it would be inappropriate to comment about the case at this stage but reiterated Judd considers his program for juveniles superior to the state's.

"We're glad that we were given the opportunity to put the information before the court," Wilder said. "Now it's the judge's decision to make."

Tania Galloni, Southern Poverty's lead lawyer for the suit, said their case allowed juveniles who would otherwise go unheard to describe their experiences in the jail.

"I think that's important for the kids, their parents and the community," she said.

If the judge decides a constitutional violation has occurred, he could order changes at the jail, said Irene Sullivan, a Stetson University College of Law juvenile justice instructor and a retired judge.

"I would expect, if the federal judge finds that way, there will be a specific listing of what to do to reform it," Sullivan said.

After a five-day hearing in September 2012, in which Southern Poverty asked a federal magistrate judge to stop the Polk County Jail's use of pepper spray on juveniles, the judge issued a 61-page opinion in March that recommended, but did not order, the Sheriff's Office to end the practice.

[ Matthew Pleasant can be reached at matthew.pleasant@theledger.com or 863-802-7590. ]

<p>LAKELAND | Lawyers have finished questioning witnesses in a federal lawsuit over Polk County Sheriff Grady Judd's housing of juvenile prisoners, but a final ruling in the case is still months away.</p><p>U.S. District Judge Steven Merryday heard testimony for five weeks in Tampa as lawyers argued their cases in a class-action lawsuit accusing Judd and Corizon, a health-care provider, of keeping juveniles in unconstitutionally harsh conditions at the Polk County Jail.</p><p>The Southern Poverty Law Center, a nonprofit civil rights group that filed the suit in March 2012, alleges the conditions involve several factors, including a misuse of pepper spray, poor supervision and inadequate mental health treatment.</p><p>The sheriff's lawyers have argued the issues aren't constitutional, that serious injuries are rare for the county's juvenile detainees, and that guards use pepper spray infrequently and properly.</p><p>Lawyers wrapped up Wednesday night, and Merryday set a timetable for written arguments that extends into the spring, possibly as late as April. Merryday is expected to issue a lengthy, complex ruling given the number of claims made by Southern Poverty.</p><p>The nonprofit advocacy group filed the lawsuit after Judd took over housing young defendants once held in a Florida Department of Juvenile Justice detention center in Bartow. The juveniles moved into a wing of the county jail in October 2011, and the state has since closed its former center.</p><p>The sheriff advocated for a law change that allowed him to more easily move young defendants into the Polk County Jail because he said it would be less expensive than paying the state to handle the task.</p><p>Sheriff's spokesman Scott Wilder said Thursday it would be inappropriate to comment about the case at this stage but reiterated Judd considers his program for juveniles superior to the state's.</p><p>"We're glad that we were given the opportunity to put the information before the court," Wilder said. "Now it's the judge's decision to make."</p><p>Tania Galloni, Southern Poverty's lead lawyer for the suit, said their case allowed juveniles who would otherwise go unheard to describe their experiences in the jail.</p><p>"I think that's important for the kids, their parents and the community," she said.</p><p>If the judge decides a constitutional violation has occurred, he could order changes at the jail, said Irene Sullivan, a Stetson University College of Law juvenile justice instructor and a retired judge.</p><p>"I would expect, if the federal judge finds that way, there will be a specific listing of what to do to reform it," Sullivan said.</p><p>After a five-day hearing in September 2012, in which Southern Poverty asked a federal magistrate judge to stop the Polk County Jail's use of pepper spray on juveniles, the judge issued a 61-page opinion in March that recommended, but did not order, the Sheriff's Office to end the practice.</p><p>[ Matthew Pleasant can be reached at matthew.pleasant@theledger.com or 863-802-7590. ]</p>